Journal of the Charles University Law Faculty
Eva Burkertová
Author’s affiliation:
Faculty of Law, Charles University in Prague
On the finding of the Constitutional Court in the matter of recognition of foreign adoptions
Jurisprudence 3/2021 Section: Articles Page: 25-38
Keywords: adoption, civil partnership, state sovereignty, the best interests of a child
Abstract: The article deals with the finding of the Constitutional Court of 15 December 2020, File No. Pl. ÚS 6/20, examining the proposal to repeal part of the Act on Private International Law, which as a result prevents unmarried, respectively homosexual couples in recognition of their foreign decision to adopt children. The aim of the paper is to analyze the topic from the point of view of recognition of foreign decisions on adoption, the best interests of children and public policy reservations. The consequences of this finding and the current legislation, the relevant case law of the European Court of Human Rights, the Constitutional Court and examples from other European countries are discussed. After analyzing the issue, it can be concluded that this is a topic that requires an interdisciplinary discussion on a possible change in the regulation of homoparentality, which should take into account not only current case law but a pan-European approach, current societal consensus and, last but not least, scientific findings in the field of children psychology.
